Of the 64,124 cases reported to the Commission in fiscal year 2023, 21,504 involved non-U.S. citizens. Non-U.S. citizens accounted for 33.7% of all individuals sentenced in fiscal year 2023.[1]
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Individual and Offense Characteristics
- 94.1% of non-U.S. citizens sentenced in the federal system were men.
- 93.2% were Hispanic, 2.4% were Black, 2.3% were White, and 2.0% were Other races.
- Their average age was 38 years.
- 88.4% were illegal aliens, 8.8% were legal aliens, 1.1% were extradited aliens, and 1.7% were unknown status.
- 67.1% were from Mexico, 7.4% from Honduras, 5.4% from Guatemala, 3.8% from the Dominican Republic, 3.7% from El Salvador, and 12.6% originated from other countries.
- The most common guidelines under which non-U.S. citizens were sentenced include: Immigration (72.3%); Drug Trafficking (16.7%); Fraud (3.3%); Money Laundering (1.9%); and Firearms (1.6%).[2]
- 48.7% had little or no prior criminal history (Criminal History Category I);
- 20.8% were CHC II;
- 17.9% were CHC III;
- 7.5% were CHC IV;
- 3.2% were CHC V;
- 1.9% were CHC VI.
- The top five districts for sentenced non-U.S. citizens were:
- Western District of Texas (5,136);
- Southern District of Texas (3,909);
- District of Arizona (2,927);
- District of New Mexico (1,175);
- Southern District of California (978)
- The top five districts where sentenced non-U.S. citizens comprised the highest proportion of the overall caseloads were:
- District of Northern Mariana Islands (91.7%);
- Western District of Texas (69.7%);
- Southern District of Texas (65.7%);
- District of Arizona (63.0%);
- District of New Mexico (59.2%).
Punishment
- The average sentence for non-U.S. citizens was 27 months.[3]
- 97.8% were sentenced to prison.
- 13.9% were convicted of an offense carrying a mandatory minimum penalty.
Sentences Relative to the Guideline Range
- Of the 78.5% of non-U.S. citizens sentenced under the Guidelines Manual:
- 66.3% were sentenced within the guideline range.
- 23.1% received an Early Disposition Program (EDP) departure.[4]
- Their average sentence reduction was 44.3%.
- Their average sentence reduction was 44.3%.
- 5.7% received a substantial assistance departure.
- Their average sentence reduction was 52.1%.
- Their average sentence reduction was 52.1%.
- 4.6% received some other downward departure.
- Their average sentence reduction was 39.5%.
- Their average sentence reduction was 39.5%.
- 66.3% were sentenced within the guideline range.
- 21.5% received a variance; of those individuals:
- 83.8% received a downward variance.
- Their average sentence reduction was 39.9%.
- Their average sentence reduction was 39.9%.
- 16.2% received an upward variance.
- Their average sentence increase was 70.5%.
- 83.8% received a downward variance.
- The average guideline minimum and the average sentence imposed fluctuated over the past five years.
- The average guideline minimum was 25 months in fiscal year 2019 and 35 months in fiscal year 2023.
- The average sentence imposed increased and decreased throughout the fiscal years. The average sentence imposed was 20 months in fiscal year 2019 and 27 months in fiscal year 2023.
- The average guideline minimum was 25 months in fiscal year 2019 and 35 months in fiscal year 2023.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] The most common guidelines under which U.S. citizens were sentenced include: Drug Trafficking (37.4%); Firearms (20.5%); Fraud (10.4%); Immigration (8.2%); Robbery (3.5%); Child Pornography (3.3%); and Sexual Abuse (3.2%).
[3] The average sentence for U.S. citizens was 68 months.
[4] “Early Disposition Program (or EDP) departures” are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.